Terms of Use

INTRODUCTION

Welcome to studentpulse.com, a site operated by Student Pulse, LLC ("Student Pulse", "Us"). Student Pulse and any and all entities that control, are controlled by, or are affiliated with Student Pulse are collectively referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. Your use of studentpulse.com signifies your agreement to these terms of use and our privacy policy. If you do not agree to these terms of use and our privacy policy, you may not use the studentpulse.com.

USE OF MATERIALS

We or our licensors own all content and materials on studentpulse.com, including, without limitation, all trademarks, service marks, trade names, trade dress, and copyrights, unless otherwise specified. You agree not to sell or modify such content or materials or reproduce, display, publicly perform, distribute, or otherwise use such content or materials in any way for any public or commercial purpose, in connection with products or services that are not those of Student Pulse, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us or its licensors, that dilutes the strength of our or our licensor’s property, or that otherwise infringes our or our licensor’s intellectual property rights.

MATERIALS SUBMITTED TO STUDENT PULSE

By submitting material to Student Pulse through our website, through private communication with an editor or representative of Student Pulse, or through any communication initiated via studentpulse.com ("Transmission Methods"), you agree to allow Student Pulse to use that material (including by publishing it on our website) without restriction or limitation, including for commercial use. Student Pulse may publish or reproduce the material you submit at any time and without any additional approval or input from you, so long as you have transferred such material to us via one of the aforementioned Transmission Methods. We reserve the right to continue using this material ad infinitum with no exceptions. We also reserve the right to remove previously submitted or published materials from studentpulse.com for any reason, or for no reason; we may not notify you of the continued, discontinued, or other use of materials that you submit to us.

REGISTRATION INFORMATION AND SECURITY

By using studentpulse.com, you agree to provide, maintain and update true, accurate, current and complete information about yourself. If you have reason to believe that your account is no longer secure, it is your responsibility to let us know immediately.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

RULES

Without limiting the foregoing, you agree you will not:

  • provide any false personal information in your posts;
  • intimidate or harass any user;
  • harvest, collect, or use addresses, phone numbers, email addresses or other contact information of users of studentpulse.com;
  • do anything that is illegal, infringing, fraudulent, malicious or could expose studentpulse.com or studentpulse.com users to harm or liability; or
  • attempt, facilitate, or encourage any of the above.

You agree not to violate or attempt to violate the security of studentpulse.com, including, without limitation:

  • accessing data not intended for you or logging into a server or account that you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", studentpulse.com;
  • sending unsolicited e-mail, including promotions and/or advertising of products or services;
  • forging any TCP/IP packet header or any part of the header information in any e-mail or posting; or
  • attempt, facilitate, or encourage any of the above.

Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve violations of the law or of the security of studentpulse.com. We may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

We reserve the right to disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.

We cannot and do not assure that other users are or will be complying with the foregoing Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We may change studentpulse.com or delete content or features in any way, at any time and for any reason or no reason.

PRIVACY POLICY

We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the privacy policy. You, in turn, agree and consent to the terms of the privacy policy by your use of studentpulse.com.

VIOLATIONS

Please report any violations of these terms of use to support@studentpulse.com.

COMPLIANCE WITH LAW

We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Website in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such information/data and turn all or a portion thereof over to law enforcement officials.

DISCLAIMER

THE INFORMATION, CONTENT AND MATERIALS ON STUDENTPULSE.COM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT STUDENTPULSE.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT STUDENTPULSE.COM OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO STUDENTPULSE.COM.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE STUDENTPULSE.COM OR CONTENT, MATERIALS OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF STUDENTPULSE.COM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO STUDENTPULSE.COM.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN STUDENTPULSE.COM AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO IN STUDENTPULSE.COM IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in the city of Portland, Maine, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

CHANGES TO THE TERMS OF USE

If we make a material change to these terms of use we will post a notice on studentpulse.com. Your use of studentpulse.com following any such notice will signify and constitute your assent to and acceptance of such revised terms of use.

GENERAL PROVISIONS

Your use of studentpulse.com signifies that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. These terms of use shall be governed by and construed in accordance with the laws of the State of Maine and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.